On March 30, 2013, Citizenship and Immigration Canada (“CIC”) published Ministerial Instructions that established the Start-Up Visa Program (“SUVP”). When initially established, the SUVP included a Venture Capital stream and an Angel Investor stream. However, on October 26, 2013, CIC published new Ministerial Instructions, which expanded the SUVP to include business incubators. It also began accepting applications under this new stream on October 26, 2013.
The media recently reported on an incident involving a British Columbia woman who admitted to a United States Customs and Border Protection officer that she had recently smoked marijuana. Although she had never been convicted of any criminal offense, this admission alone was sufficient grounds to ban her from entering the United States. The incident raised some interesting legal points, many of which will apply equally to business travellers.
The three most viewed articles on HRinfodesk this week deal with the need for explicit warnings before terminating for cause, proving reprisal in employment, and the notice period required when terminating an older employee.
On April 29, 2013, the Minister of Human Resources and Skills Development (“HRSDC”) and the Minister of Citizenship, Immigration and Multiculturalism announced that they would be introducing numerous changes to the Temporary Foreign Worker Program. Employment and Social Development Canada, formerly known as HRSDC, has now announced changes to the Labour Market Opinion application process, which are effective as of July 31, 2013.
The three most viewed articles on HRinfodesk this week deal with a company that was the author of its own misfortune when insisting on treating an employee as independent contractor; claims of working notice and constructive dismissal; and the reform of the temporary foreign worker program.
On July 2, 2013, the Citizenship, Immigration and Multiculturalism Minister (the “Minister”) announced that 10-year ePassports, also known as biometric passports, will now be available to Canadian citizens. The Minister also announced that Citizenship and Immigration Canada (“CIC”) would immediately assume primary responsibility for Passport Canada, which had previously been part of the Department of Foreign Affairs and International Trade.
On July 15, 2013, the Ontario Human Rights Commission (“OHRC”) released its Policy on Removing the “Canadian Experience” Barrier (the “Policy”) barrier. The purpose of the Policy is to address the fact that new immigrants, with university educations and/or work experience, are denied opportunities for jobs or career advancement because they lack “Canadian Experience” (i.e. Canadian based work experience) and their foreign educational qualification or work experience are not recognized.
On December 19, 2012, Citizenship, Immigration, and Multiculturalism Minister Jason Kenney announced that the Federal Skilled Worker Program (“FSWP”) would once again begin accepting new applications on May 4, 2013. However, several key details of the FSWP were not announced at that time. Citizenship and Immigration Canada has now provided these last remaining details.
On May 10, 2013, Citizenship and Immigration Canada announced proposed regulatory amendments that will narrow the definition of “dependent child” by reducing the age limit to children under the age of 19 and removing the exception for full-time students. Once implemented, this proposed change will adversely affect the dependent children of all prospective immigrants to Canada.
In the wake of the RBC’s temporary foreign worker debacle, and Prime Minister Harper’s temporary foreign worker program reform, what are the implications of outsourcing Canadian jobs in favour of temporary foreign workers? The implications for Canadian workers and recruitment are telling.
Citizenship and Immigration Canada cautions against preparing Federal Skilled Worker Program applications until key details are announced
The Federal Skilled Worker Program will begin accepting applications as of May 4, 2013. However, Citizenship and Immigration Canada has recently reminded applicants who may be preparing to submit applications that it still expects to announce three important elements of the FSWP in April 2013, which will have a significant impact on who can apply under the program.
The refugee determination process has been a hotly debated topic in Canadian immigration. These changes could affect the Canadian workforce, which has been experiencing a shortage of skilled labour in a number of provinces. It is too early to say whether these change will be a good move or a bad one for Canada, but it is evident that Canada will be accepting more refugees than ever before.
On January 24, 2013, Citizenship, Immigration and Multiculturalism Minister Citizen Jason Kenney announced that Citizenship and Immigration Canada would launch a Start-Up Visa Program to recruit innovative immigrant entrepreneurs who will create new jobs and spur economic growth. This program differs from existing investor and entrepreneur options to the extent that the entrepreneur will not need to be the source of investment capital. Such a program will enable entrepreneurs who establish start-up businesses using capital contributed by third parties, such as venture capital firms or angel investors, to seek permanent residence in Canada. The Start-Up Visa Program begins on April 1, 2013.